City of Indio
City Council / Indio Water Authority Minutes
Wednesday, January 19, 2022
Mayor Waymond Fermon called to order the closed session meeting of the City Council for the City of Indio and the Indio Water Authority, at 4:00 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
CLOSED SESSION - 4 PM
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Waymond Fermon
Mayor Pro Tem Oscar Ortiz
Councilmember Lupe Ramos Amith*
Councilmember Glenn Miller
Councilmember Elaine Holmes
*Consistent with Government Code Section 54953(e) (Assembly Bill 361), members of the Indio City Council and City Staff are permitted to attend the meeting by teleconference and such teleconference locations are not accessible to the public and are not subject to special posting requirements.
2. PUBLIC COMMENT
None.
3. ADJOURNED TO CLOSED SESSION TO CONSIDER:
3.1 Conference with Real Property Negotiators, Government Code Section 54956.8; 82-868 Miles Avenue; City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Gabino’s Creperie, Inc.; Under Negotiation: Price and Terms of Payment
3.2 Conference with Real Property Negotiators, Government Code Section 54956.8; for APN 614130036, Indio, City of Indio Negotiator: Bryan H. Montgomery, City Manager; Marc C. Pange and CarolAnn Pange, as Trustees of the Pange Revocable Trust, as to an undivided 1/3rd interest; Ann Pang McClelland, as Trustee of The Ann Pang McClelland Trust, as to an undivided 1/3rd interest; and Ann McClelland, Trustee or any successor Trustee of the Jeffry M. Jarvie Daughters' Trust, as to an undivided 1/3rd interest; Under Negotiation: Price and Terms of Payment.
3.3 Conference with Real Property Negotiators, Government Code Section 54956.8; 45450 Towne Street; City of Indio Negotiator: Bryan H. Montgomery, City Manager; Negotiating Party: Pastion Industries Inc.; Under Negotiation: Price and Terms of Payment
Minutes for the Regular Meeting held January 19, 2022 (Sabdi Sanchez, Ci... Page 7 of 151 City Council / Indio Water Authority
January 19, 2022
REGULAR SESSION - 5 PM
Mayor Waymond Fermon called to order the regular meeting of the City Council for the City of Indio and the Indio Water Authority, at 5:02 p.m. in the Council Chamber located at 150 Civic Center Mall, Indio, California.
1. CALL TO ORDER AND ROLL CALL
Present:
Mayor Waymond Fermon
Mayor Pro Tem Oscar Ortiz
Councilmember Lupe Ramos Amith*
Councilmember Glenn Miller
Councilmember Elaine Holmes
*Consistent with Government Code Section 54953(e) (Assembly Bill 361), members of the Indio City Council and City Staff are permitted to attend the meeting by teleconference and such teleconference locations are not accessible to the public and are not subject to special posting requirements.
City Staff Present:
Bryan H. Montgomery, City Manager, Rob Rockwell, Asst. City Manager & Dir. Of Finance, Scott Trujillo, Deputy City Manager, Kevin H. Snyder, Dir. Of Community Development, Carl S.
Morgan, Dir. Of Economic Development, Timothy T. Wassil, Dir. Of Public Works, and Sabdi Sanchez, City Clerk Administrator
2. INVOCATION None
3. PLEDGE OF ALLEGIANCE led by Mayor Waymond Fermon
4. CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Roxanne Diaz reported Council met in Closed Session to discuss the items listed therein and there was no reportable action.
5. PRESENTATIONS
5.1 2021 Tamale Festival Presentation by Gopi Sangha, President, CUSP Agency Mr. Gopi Sangha provided a PowerPoint presentation of an overview of events during the Tamale Festival held in Downtown Indio on December 4th & 5th.
5.2 Presentation by Joshua "Josh" Alvarez, Instructional Coach at Thomas Jefferson Middle to seek input and community support towards accomplishing certain goals.
Josh Alvarez - Instructional Coach, Helen Chang - Vice Principal and Margo McCormick - Principal of Thomas Jefferson Middle provided a PowerPoint presentation of educational activities and events that the teachers have been hosting to encourage and keep the children engaged.
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6. YOUTH ADVISORY COUNCIL (YAC) No Report.
7. REPORT ON CITY COUNCIL EXTERNAL/INTERNAL BOARDS, COMMISSIONS
AND COMMITTEE MEETINGS AND REPORT ON MEETINGS ATTENDED PER GOVERNMENT CODE SECTION 53232.3(D)
Councilmember Holmes reported on Coachella Valley Mountains Conservancy.
Councilmember Miller reported on SunLine Transit Agency.
Councilmember Ortiz reported on Coachella Valley Economic Partnership and Southern California Association of Governments Energy & Environment Committee.
Mayor Fermon reported on Coachella Valley Association of Governments Public Safety Committee.
*Councilmember Ramos Amith left the meeting at 8:23 p.m.
8. CITY MANAGER REPORTS AND INFORMATION
City Manager Montgomery reported on a series of "Community Clean-Ups", the first of which will be Saturday, January 22, 2022 at 7:00 a.m. in the North Indio Area off Jackson Street and Kenner Avenue.
9. CONSENT CALENDAR
9.1 Minutes for the Regular Meeting held January 5, 2022
9.2 City Warrants from 12.24.2021 thru 1.13.2022. Received & Filed
9.3 IWA Warrants from 12.21.2021 thru 1.6.2022. Received & Filed
9.4 Authorize a Grant of Easement to the Coachella Valley Water District (CVWD) for the Installation of Monitoring Well(s) in Indio Water Authority’s Waller Tract Well Site Assessor Parcel Number: 692-521-021.
9.5 Accept the street and survey monument improvements and authorize release of the surety for Indian Palms Development Company, LLC, Tract Map No. 30501 (Indian Palms Country Club), generally located north of Avenue 50 and west of Jackson Street.
9.6 Freeway Maintenance Agreement between the City of Indio and the California State Department of Transportation for the Interstate 10 / Avenue 44 Undercrossing and authorize the City Manager to negotiate and execute subsequent amendments or supplemental agreements related to the Freeway Maintenance Agreement.
9.7 Amendment No. 1 to the existing Professional Services Agreement with North Star Place Branding + Marketing, in an amount not-to-exceed $30,000 for incremental creative concepts, deliverables and brand action ideas.
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9.8 Implementation of terms of a Tentative Agreement with the Indio Police Command Unit, and authorization for the City Manager to execute a successor Memorandum of Understanding.
Councilmember Glenn Miller made a motion to approve the Consent Calendar Items 9.1 thru 9.8, as presented by Roll Call Vote and Councilmember Elaine Holmes seconded the motion. Motion Carried unanimously.
10. ADMINISTRATIVE ITEMS
10.1 Approval of a Services Agreement between the City of Indio and Flock Group Inc. for the lease of twenty Flock Safety Automatic License Plate Recognition cameras, in the amount of $57,500.
Mike Washburn, Chief of Police introduced the staff report.
Mr. Anton Benbalit, Territory Account Manager of Flock Safety Group presented the PowerPoint presentation and answered questions of Council.
Councilmember Holmes made a motion to approve Item 10.1, presented by Roll Call Vote and Mayor Pro Tem Ortiz seconded the motion. Motion Carried unanimously.
10.2 Approve a License Agreement between City of Indio and Christiana Green, dba Epic Animal Treats for use of City Property to conduct a Certified Farmers Market in the Downtown.
Councilmember Holmes recused herself from this item, as she owns property within 1,000ft.
Carl Morgan, Director of Economic Development presented the staff report.
Councilmember Glenn Miller made a motion to approve Item 10.2, approve the license agreement between the City of Indio and Christiana Green dba Epic Animal Treats for the use of city property in the downtown area, and authorize the City Manager to execute the license agreement and any other agreements if necessary in the form approved by the City Attorney. Mayor Pro Tem Oscar Ortiz seconded the motion. Motion Carried by Roll Call Vote 4/0
10.3 Discussion and approval of the Public Arts Commission’s recommendations regarding the restoration and/or repair and/or removal of the 11 wall murals in the City's mural collection and other recommendations related to such murals as set forth in the agenda report and provide authorization to the City Manager and City Attorney to negotiate and finalize the terms of agreement(s) to implement the recommendations.
Councilmember Holmes recused herself from this item, as she owns property within 1,000ft.
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Scott Trujillo, Deputy City Manager presented the staff report.
Discussion of Council ensued.
Councilmember Glenn Miller made a motion to approve Item 10.3, to approve the Public Arts Commission’s recommendation to decommission Murals #4 and #5, and restore Mural #3, and, authorize the City Manager and City Attorney to negotiate and finalize the terms of the agreements(s) for such work as long as the cost of the work is within the City Manager’s contract authority and the adopted budget, and authorize staff to develop a work plan of the remaining eight (8) murals to prioritize the work based on their conditions. Mayor Pro Tem Oscar Ortiz seconded the motion. Motion Carried by Roll Call Vote 4/0
10.4 Discussion and Introduction of Ordinance No. 1772, an ordinance of the City adopting by reference Chapter 5.68 of Title 5 of the County of Riverside County Code regarding the permitting of tobacco retailers.
Scott Trujillo, Deputy City Manager introduced Ordinance No. 1772, and presented the staff report.
Councilmember Elaine Holmes made a motion to waive full reading and introduce Ordinance No. 1772, by title only and publish notice for a public hearing on the Ordinance No. 1772 for February 16, 2022. Mayor Pro Tem Oscar Ortiz seconded the motion. Motion Carried unanimously by Roll Call Vote.
10.5 Urgency Ordinance No. 1773, Approving the Third Amendment to the Development Agreement between the City of Indio and Certain Owners of Real Property Within the Site Known as the Pacific Indio Properties to Extend the Term of the Development Agreement and Declaring the Urgency Thereof and Finding that the Extension is Exempt From CEQA pursuant to CEQA Guidelines 15162 and 16061(b)(3).
Roxanne Diaz, City Attorney introduced Urgency Ordinance No. 1773, and presented the staff report.
Councilmember Glenn Miller made a motion to approve Urgency Ordinance No. 1773, approving the Third Amendment to the Development Agreement between the City of Indio and Certain Owners of Real Property Within the Site Known as the Pacific Indio Properties to Extend the Term of the Development Agreement and Declaring the Urgency Thereof and Finding that the Extension is Exempt From CEQA pursuant to CEQA Guidelines 15162 and 16061(b)(3), introduce the ordinance by title only and request the City Clerk to read the title. Mayor Pro Tem Oscar Ortiz seconded the motion. Motion Carried unanimously by Roll Call Vote.
10.6 An Urgency Ordinance (Ordinance No. 1774) of the City of Indio Amending Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code and Adopting a New Section 159.419 Pertaining to the Development of Unzoned Properties Within the Former Pacific Indio Properties
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Development Agreement and Declaring the Urgency Thereof and Finding that the Urgency Ordinance is Exempt from CEQA Pursuant to CEQA Guideline Section 15061(b)(3)
Roxanne Diaz, City Attorney introduced Urgency Ordinance No. 1774, and presented the staff report.
Mayor Pro Tem Oscar Ortiz made a motion to approve Urgency Ordinance No. 1774, amending Chapter 159 (Zoning Regulations) of Title XV (Land Usage) of the Indio Municipal Code and Adopting a New Section 159.419 Pertaining to the Development of Unzoned Properties Within the Former Pacific Indio Properties Development Agreement and Declaring the Urgency Thereof and Finding that the Urgency Ordinance is Exempt from CEQA Pursuant to CEQA Guideline Section 15061(b)(3), introduce the ordinance by title only and request the City Clerk to read the title. Councilmember Glenn Miller seconded the motion. Motion Carried unanimously by Roll Call Vote.
11. PUBLIC HEARINGS
11.1 Third Public Hearing to Receive Input from the Community Regarding the Redrawing of District Boundaries and Presentation of Draft District Maps (Public Hearing to begin at 6:00 p.m. promptly)
Jeff Siminetti, National Demographics Corporation, presented a PowerPoint presentation on the 2021 redistricting process, and introduced nine (9) draft maps and demographics submitted by the public.
Mayor Fermon opened the public hearing at 6:18 p.m.
Public comments provided by the following:
1. Venessa Becerra
2. Adriana Rivera
3. Jon Becerra
4. Anna Lisa Vargas (via zoom)
5. Christian Rodriguez Ceja (via zoom)
6. Karen Borja (via zoom)
7. Mitsy Esquivel (via zoom)
8. Maribel Nunez (via zoom)
Mayor Fermon closed the public hearing at 6:38 p.m. and reopened the public hearing at 6:38 p.m.
Public comments provided by the following:
1. Sandra (via zoom)
2. Edith (via zoom)
Mayor Fermon closed the public hearing at 6:42 p.m.
Discussion of Council ensued.
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No motion is necessary for this item. The City Council shall (i) receive a report from staff; (ii) conduct a public hearing to continue receiving draft maps and community input regarding the redrawing of election district boundaries; and (iii) provide feedback to the City's consultant regarding proposed neighborhoods and communities of interest.
11.2 Public hearing, to approve the conducting of a special election, adopt Resolution No. 10251 Determining the Validity of Prior Proceedings, adopt Resolution No. 10252 Calling a Special Election, adopt Resolution No. 10253 Canvassing the Results of the Election, conduct first reading by title only of Ordinance No. 1769 Authorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 80 (The Crossings – Tract Map No. 37899) to CFD No. 2004-1.
Mayor Fermon opened the Public Hearing at 8:23 p.m.
City Clerk Administrator Sanchez announced that the notice of public hearing for this item was published in accordance with the Mello-Roos Community Facilities Act of 1982, and proof of publication was on file in the City Clerk's office.
Timothy Wassil, Director of Public Works introduced the item.
Donald Hunt of Fulbright & Jaworski presented the staff report.
No comments, questions or protests were received for Item 11.2 Mayor Fermon closed the Public Hearing at 8:27 p.m.
Councilmember Glenn Miller made a motion to approve Resolution No. 10251, Determining the Validity of Prior Proceedings. Councilmember Elaine Holmes seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
Councilmember Glenn Miller made a motion to approve Resolution No. 10252, Calling a Special Election. Mayor Pro Tem Oscar Ortiz seconded the motion.
Motion carried with Councilmember Ramos Amith absent (4/0/1) City Clerk Administrator Sanchez tabulated the ballot and announced the vote for Annexation was in favor.
Councilmember Glenn Miller made a motion to approve Resolution No. 10253, Canvassing the Results of the Election. Councilmember Elaine Holmes seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
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Councilmember Glenn Miller made a motion to waive full reading of Ordinance No. 1769, introduce the ordinance by title only and request the City Clerk to read the title. Mayor Pro Tem Oscar Ortiz seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
Councilmember Glenn Miller made a motion to approve a budget adjustment relating to the Annexation of Annexation Area No. 80. Mayor Pro Tem Ortiz seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
11.3 Public hearing to approve the conducting of a special election, adopt Resolution No. 10255 Determining the Validity of Prior Proceedings, adopt Resolution No. 10256 Calling a Special Election, adopt Resolution No. 10257 Canvassing the Results of the Election, conduct first reading by title only of Ordinance No. 1770 Authorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 81 (Ventana – Tract Map No. 37884) to CFD No. 2004-1.
Mayor Fermon opened the Public Hearing at 8:31 p.m.
City Clerk Administrator Sanchez announced that the notice of public hearing for this item was published in accordance with the Mello-Roos Community Facilities Act of 1982, and proof of publication was on file in the City Clerk's office.
Donald Hunt of Fulbright & Jaworski presented the staff report.
No comments, questions or protests were received for Item 11.3 Mayor Fermon closed the Public Hearing at 8:34 p.m.
Councilmember Glenn Miller made a motion to approve Resolution No. 10255, Determining the Validity of Prior Proceedings. Councilmember Elaine Holmes seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
Councilmember Elaine Holmes made a motion to approve Resolution No. 10256, Calling a Special Election. Councilmember Glenn Miller seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1) City Clerk Administrator Sanchez tabulated the ballot and announced the vote for Annexation was in favor.
Councilmember Glenn Miller made a motion to approve Resolution No. 10257, Canvassing the Results of the Election. Councilmember Elaine Holmes seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
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Councilmember Glenn Miller made a motion to waive full reading of Ordinance No. 1770, introduce the ordinance by title only and request the City Clerk to read the title. Councilmember Elaine Holmes seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
Councilmember Glenn Miller made a motion to approve a budget adjustment relating to the Annexation of Annexation Area No. 81. Councilmember Holmes seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
11.4 Public hearing to approve the conduction of a special election, adopt Resolution No. 10258 Determining the Validity of Prior Proceedings, adopt Resolution No. 10259 Calling a Special Election, adopt Resolution No. 10260 Canvassing the Results of the Election, conduct first reading by title only of Ordinance No. 1771 Authorizing the Levy of a Special Tax and approve a budget adjustment relating to the Annexation of Annexation Area No. 82 to CFD No. 2004-1 (Tract Map Nos. 37075 and 37076, LGI Homes-California, LLC).
Mayor Fermon opened the Public Hearing at 8:37 p.m.
City Clerk Administrator Sanchez announced that the notice of public hearing for this item was published in accordance with the Mello-Roos Community Facilities Act of 1982, and proof of publication was on file in the City Clerk's office.
Donald Hunt of Fulbright & Jaworski presented the staff report.
No comments, questions or protests were received for Item 11.4 Mayor Fermon closed the Public Hearing at 8:40 p.m.
Councilmember Glenn Miller made a motion to approve Resolution No. 10258, Determining the Validity of Prior Proceedings. Councilmember Elaine Holmes seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
Councilmember Glenn Miller made a motion to approve Resolution No. 10259, Calling a Special Election. Councilmember Elaine Holmes seconded the motion.
Motion carried with Councilmember Ramos Amith absent (4/0/1) City Clerk Administrator Sanchez tabulated the ballot and announced the vote for Annexation was in favor.
Councilmember Glenn Miller made a motion to approve Resolution No. 10260, Canvassing the Results of the Election. Councilmember Elaine Holmes seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
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Councilmember Glenn Miller made a motion to waive full reading of Ordinance No. 1771, introduce the ordinance by title only and request the City Clerk to read the title. Councilmember Elaine Holmes seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
Councilmember Glenn Miller made a motion to approve a budget adjustment relating to the Annexation of Annexation Area No. 82. Councilmember Holmes seconded the motion. Motion carried with Councilmember Ramos Amith absent (4/0/1)
11.5 Adopt Resolution No. 10261 Approving Tentative Parcel Map 38241 to Subdivide a 5 Acre Parcel into a 2 Parcel Subdivision located on Los Palos Drive between Zenda Drive and Avenue 52 (APN: 779-100-028)
Kevin H. Snyder, Director of Community Development presented the staff report.
Mayor Fermon opened and closed the Public Hearing at 8:45 p.m. with no comments.
Councilmember Glenn Miller made a motion to approve Resolution No. 10261, approving Tentative Parcel Map 38241 to subdivide a 5 Acre Parcel into a 2 Parcel Subdivision located on Los Palos Drive between Zenda Drive and Avenue 52 (APN: 779-100-028). Mayor Pro Tem Oscar Ortiz seconded the motion.
Motion carried with Councilmember Ramos Amith absent (4/0/1)
12. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Public Comment received by:
1. Celeste Feihler
2. Al Meza
13. ADJOURN
There being no further business to discuss Mayor Fermon adjourned the regular meeting at 9:11 p.m.
Respectfully Submitted,
SABDI SANCHEZ, CMC,
CITY CLERK ADMINISTRATOR
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